Plain-English Summary: You're subscribing to software that runs your beauty business. We don't store credit card numbers — our payment processors do. The client data you put in belongs to you, and you're responsible for having the right to collect it, including consent before we send appointment reminders on your behalf. We provide the software as-is, our liability is capped at what you've paid us, and either of us can end the arrangement.
These Terms of Service (the “Terms”) govern your access to and use of the LuxeGlamour POS platform, website, and related services (together, the “Services”). Please read them carefully — they are a binding contract.
By creating an account, checking the acceptance box at signup, or using the Services, you agree to these Terms. If you are agreeing on behalf of a business, you represent that you have authority to bind that business, and “you” means that business.
1 Who You're Contracting With
The Services are provided by [LEGAL ENTITY NAME], a general partnership doing business as LuxeGlamour POS (“LuxeGlamour,” “we,” “us,” or “our”).
If our legal form changes — for example on conversion to a limited liability company — the successor entity assumes these Terms, and we will post an updated version.
2 Definitions
- Business Customer (or “you”) — the salon, spa, barbershop, studio, or independent professional that subscribes to the Services.
- End Client — a customer of a Business Customer who books appointments, receives services, or interacts with a booking page powered by the Services.
- Staff Member — an employee, contractor, or booth renter granted access to the Services by a Business Customer.
- Customer Data — all data a Business Customer or its Staff Members enter into or generate through the Services, including End Client records.
3 Accounts & Eligibility
You must be at least 18 years old and able to form a binding contract. You agree to provide accurate account information and to keep it current.
You are responsible for all activity under your account, including activity by your Staff Members. Keep credentials confidential, use the role-based permissions we provide to limit access appropriately, and notify us promptly at info@luxeglamourpos.com if you suspect unauthorized access.
Each Staff Member must use their own login. Sharing a single login across people undermines the audit trail and is not permitted.
4 Subscriptions & Billing
Free trial
New subscriptions begin with a 14-day free trial. A payment method is required to start the trial. You will not be charged during the trial.
Automatic renewal — please read
Unless you cancel before the trial ends, your subscription automatically converts to a paid plan and your payment method is charged the then-current fee.
Subscriptions renew automatically at the end of each billing period — monthly or yearly, as selected — until cancelled.
You may cancel at any time from your account settings, effective at the end of the current billing period. There are no cancellation fees.
Fees and changes
Current pricing is published on our website. We may change fees on 30 days' notice; changes take effect at your next renewal, and continuing to use the Services after that constitutes acceptance. Fees are exclusive of taxes, which you are responsible for where applicable.
Refunds and non-payment
Except where required by law, fees are non-refundable and we do not provide partial refunds for unused time. If payment fails, we may suspend access after a grace period and notice; accounts left unpaid may be terminated in accordance with Section 17.
5 Payment Processing & Card Data
We do not store card numbers. LuxeGlamour POS does not store, process, or transmit full payment card numbers. Card details are captured and tokenized directly by our payment processors — Stripe and Square, each certified PCI DSS Level 1 — and we receive only a token, the card brand, and the last four digits. We never have access to complete card numbers, CVV codes, or magnetic stripe data.
Payments taken from your End Clients are processed through your own connected processor account, under your agreement with that processor. You are the merchant of record for those transactions. We are not a party to them, we do not hold your funds, and settlement, payouts, chargebacks, disputes, and refunds are governed by your agreement with the processor.
You are responsible for complying with the rules that apply to you as a merchant, including the payment card network rules, your processor's terms, and — for the portion of the card environment you control, such as your devices and premises — PCI DSS.
Where you enable card-on-file, deposits, or no-show fees, you are responsible for obtaining and documenting your End Client's authorization to store and later charge their payment method, and for disclosing your cancellation policy before charging.
Nothing in this section limits any liability that cannot be limited under applicable law, including liability arising from our own gross negligence or willful misconduct.
6 Your Data & Our Role
Customer Data belongs to you. We claim no ownership of it. You grant us a limited license to host, process, transmit, and display Customer Data solely to provide and support the Services.
For End Client personal information, you are the data controller and we are the data processor acting on your instructions. We process Customer Data only to deliver the Services, and we do not sell it. Our Privacy Policy describes our practices in detail. Where a data processing agreement is required by law, contact us and we will provide one.
You may export your clients, appointments, and sales history at any time, including for a reasonable period after termination as described in Section 17.
We maintain backups and reasonable technical and organizational safeguards, but no system is perfectly secure and you remain responsible for keeping your own copies of data that is critical to your business.
7 Your Responsibilities
You represent and warrant that, for all Customer Data you put into the Services:
- You have the legal right to collect it and to have us process it on your behalf.
- You have provided any privacy notices and obtained any consents required by law.
- Where you upload photographs of End Clients, you have their consent to capture, store, and use those images for your stated purpose.
- Where you record health-related information — treatment notes, allergies, medical history, or similar — you are responsible for determining what laws apply to you and for complying with them. The Services are not designed or certified as a HIPAA-compliant medical records system, and we do not act as a business associate unless we have signed a separate written agreement with you to that effect.
8 Messaging & Client Consent
This one carries real legal exposure. Automated calls and texts are heavily regulated, and penalties are assessed per message. Please read this section closely before enabling reminders.
The Services can send SMS and email messages to your End Clients on your behalf — appointment reminders, confirmations, review requests, and marketing you configure. You are the sender of those messages for legal purposes.
You represent and warrant that you have obtained all consents required by applicable law before any message is sent, including under the Telephone Consumer Protection Act (TCPA), its implementing rules, and equivalent state and international laws, and that you will:
- Obtain and keep records of prior express consent to send automated messages to each recipient's number;
- Honor opt-out requests promptly, including STOP replies and unsubscribe requests;
- Comply with the CAN-SPAM Act for commercial email, including a working unsubscribe mechanism and a valid physical address;
- Not use the Services to send messages to numbers on a do-not-call list where consent has not been obtained, nor outside permitted calling hours.
You are solely responsible for the content of messages you configure, and you indemnify us for claims arising from them under Section 16.
9 Payroll, Tax & Employment
We are not a payroll provider, an accountant, or a law firm. The commission, hourly, tiered, and booth-rental calculations in the Services are bookkeeping conveniences, not payroll processing, tax filing, or legal advice.
We do not withhold, remit, or file employment taxes; we do not produce statutory payroll filings; and we do not verify that your pay structures comply with wage-and-hour law. You are solely responsible for:
- Correctly classifying your Staff Members as employees or independent contractors, including booth renters;
- Minimum wage, overtime, tip credit, tip pooling, and meal- and rest-break compliance;
- Calculating, withholding, remitting, and reporting all employment and income taxes;
- Configuring the correct sales tax rate and determining the taxability of the services and products you sell. Tax amounts the Services calculate are based entirely on settings you supply.
You should confirm your setup with a qualified accountant or employment attorney. Figures produced by the Services are provided for your convenience and you are responsible for verifying them.
10 Gift Cards & Memberships
The Services let you issue gift cards and sell recurring memberships. These are your obligations to your End Clients — we are a record-keeping tool and are not the issuer, and we do not hold the underlying funds.
You are responsible for compliance with the laws that apply to them, including federal CARD Act restrictions and state rules on expiration dates, dormancy or service fees, cash-back requirements, and unclaimed property (escheat) obligations for unredeemed balances. Expiration settings we make available are configuration options, not a representation that a given expiration is lawful where you operate.
For memberships and other recurring charges you bill through the Services, you are responsible for complying with automatic-renewal laws, including clear disclosure before purchase, obtaining affirmative consent, sending any required renewal reminders, and providing a straightforward cancellation method.
11 Acceptable Use
You agree not to: use the Services unlawfully or in violation of any third party's rights; upload malware or attempt to breach, probe, or overload our systems; reverse engineer, decompile, or copy the Services except as permitted by law; resell or white-label the Services without our written agreement; scrape or bulk-extract data other than through features we provide; or use the Services to send unlawful, harassing, deceptive, or unsolicited communications.
We may suspend access without prior notice where we reasonably believe conduct threatens the security, integrity, or lawful operation of the Services or another customer's data.
12 Intellectual Property
The Services, including all software, design, and the LuxeGlamour POS name and marks, are owned by us and our licensors and are protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Services during your subscription, for your own business purposes.
Content you upload — your logo, portfolio images, service descriptions — remains yours. You grant us a limited license to display it as needed to operate the Services, including on your public booking page.
If you send us feedback or suggestions, we may use them without obligation or compensation to you.
13 Third-Party Services
The Services integrate third parties including Stripe, Square, Twilio, Resend, and cloud hosting and storage providers. Your use of those services may be governed by their own terms, and we are not responsible for their acts, omissions, outages, or changes to their offerings. If a third party discontinues or materially changes a service, some functionality may change or stop working.
14 Availability & No Warranty
We work to keep the Services available and monitored, but we do not promise uninterrupted or error-free operation. We may perform maintenance, and we may modify or discontinue features. Unless separately agreed in writing, we offer no specific uptime commitment.
The services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory.
To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty arising from course of dealing or usage of trade.
We do not warrant that the services will meet your requirements, that data will be accurate or preserved without loss, or that defects will be corrected.
Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.
15 Limitation of Liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, or loss of goodwill, even if advised of the possibility.
Our total aggregate liability arising out of or relating to these terms or the services, whether in contract, tort, or otherwise, will not exceed the greater of (a) the total fees you paid us in the twelve months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars.
These limits do not apply to liability that cannot be limited under applicable law, including gross negligence, willful misconduct, or fraud.
The parties agree these limits are a reasonable allocation of risk and form an essential basis of the bargain; the fees reflect them.
16 Indemnification
You agree to defend, indemnify, and hold harmless LuxeGlamour and its partners, owners, and personnel from any third-party claim, demand, loss, liability, or expense (including reasonable legal fees) arising out of or related to:
- Your Customer Data, or your collection or use of End Client information;
- Messages sent through the Services at your direction, including claims under the TCPA, CAN-SPAM, or equivalent laws;
- Your payroll, tax, employment, or worker-classification decisions;
- Gift cards, memberships, deposits, or no-show fees you issue or charge;
- Your violation of these Terms or of any applicable law;
- Disputes between you and your End Clients or Staff Members.
We will notify you of any claim and may participate in the defense with counsel of our choosing. You may not settle a claim in a way that imposes obligations on us without our written consent.
17 Term & Termination
These Terms apply while you have an account. You may cancel at any time from your account settings. We may terminate or suspend for material breach, non-payment, or unlawful use, generally with notice and an opportunity to cure where practicable, and immediately where the conduct threatens security or the rights of others.
On termination your right to use the Services ends. For 30 days afterwards we will make your Customer Data available for export, after which it may be deleted in accordance with our retention practices. Sections that by their nature should survive — including 5, 6, 12, 14, 15, 16, 19, and 20 — survive termination.
18 Changes to These Terms
We may update these Terms. For material changes we will give reasonable advance notice by email or in-app before they take effect, and we will update the version number and effective date above. Continuing to use the Services after that constitutes acceptance; if you do not agree, you may cancel before the change takes effect.
We record which version of these Terms each account accepted, and when.
19 Governing Law & Disputes
These Terms are governed by the laws of the State of [STATE], without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in [STATE] for any dispute not subject to an alternative process agreed in writing.
Before filing, the parties agree to attempt to resolve any dispute informally by contacting info@luxeglamourpos.com and negotiating in good faith for 30 days.
Any claim must be brought within one year after it arises, to the extent permitted by law.
20 General
Entire agreement. These Terms and the Privacy Policy are the entire agreement between us regarding the Services and supersede prior discussions.
Severability. If a provision is held unenforceable, the rest remains in force and the provision is modified to the minimum extent needed to be enforceable.
No waiver. Failing to enforce a provision is not a waiver of it.
Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or successor in connection with a merger, acquisition, entity conversion, or sale of assets.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
Independent contractors. Nothing here creates a partnership, joint venture, employment, or agency relationship between us.
Notices. We may give notice by email to your account address or in-app. Legal notices to us go to info@luxeglamourpos.com and [MAILING ADDRESS].
21 Contact
Questions about these Terms
info@luxeglamourpos.com — or use our contact form.
Privacy and data requests
privacy@luxeglamourpos.com — see the Privacy Policy.